A.K. Goel, J. - (1.) THIS appeal has been preferred against the judgment and decree dated 10 11 1995 of the Additional District Judge, Fatehgarh Sahib, whereby the husband's divorce petition was accepted and the marriage between the parties was dissolved
(2.) MARRIAGE between the parties took place in the year 1964 and out of the wedlock, one son and one daughter were born who were of 25 years and 23 years of age at the time of judgment of the trial Court. The divorce petition was filed on 20.9 1993 (about 29 years after the marriage) alleging inter alia, that the wife was ill treating the husband and left the matrimonial home after 6 years of the marriage and had not resumed co -habitation thereafter The wife contested the petition and stated that she was ill treated; by the husband and was turned out of the matrimonial home after 6/7 years of their marriage and that she was ready and willing to live with the husband. The trial Court held that the Respondent husband was able to prove that the wife had deserted him without any cause and thus granted a decree Of divorce Aggrieved thereby, this appeal has been preferred I have gone through the record and perused the impugned judgment. I am of the view that the trial Court ought to have dismissed the divorce petition on the sole ground that the husband had filed the petition after 22 years of alleged desertion, The children were living with the wife and the husband made no effort to take the custody of the children, send money to them or to resume cohabitation. Even, otherwise, merely be -cause the wife did not attend the cremation of the Appellant's parents or that she did not file any application for the restitution of conjugal rights could not give rise to on inference of cruelty or desertion against the Respondent -husband, Her complaint to the higher authorities against the Respondent's conduct could also not be said to be cruelty on her part in the facts and circumstances of this case
(3.) IN view of the above, I set aside the judgment and decree of the trial Court and dismiss the divorce petition. This appeal is allowed. There will be no order as to costs.;